Chapter 18.04 — GENERAL PROVISIONS

Sec. 18.04.010. - Purpose.

The purpose of this title is to promote the growth of the town in an orderly manner and to promote and protect the public health, safety, peace, morals, comfort and general welfare.

(Code 1987, § 18.04.020; Ord. No. 26-1976, art. 2, § 2.01, 1976)

The zoning or districting plan effectuated by this title consists of the establishment of various districts, including all territory within which the use of land, buildings, the space for buildings, and the height and bulk of buildings are regulated.

(Code 1987, § 18.04.030; Ord. No. 23-1976, art. 2, § 2.02, 1976)

No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land, the space above or beneath, be used for any purpose other than as permitted by law, and in conformance with the ordinance codified in this title and all other ordinances, laws and maps referred to in this title.

(Code 1987, § 18.04.040; Ord. No. 26-1976, art. 2, § 2.03, 1976)

Sec. 18.04.040. - Interpretation.

• (a) When interpreting and applying the provisions of this title, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

• (b) Except as specifically provided in this title, it is not intended by the adoption of this title to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law, or ordinance, or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the erection, construction, maintenance, establishment, moving, alteration or enlargement of any building or improvement; nor is it intended by this title to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that in cases where this title imposes a greater restriction upon erection, construction, maintenance, establishment, moving, alteration or enlargement of buildings, or the use of any such building or premises in several districts or any of them, than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such easements, covenants or agreements, then in such case the provisions of this title shall control.

(Code 1987, § 18.04.060; Ord. No. 26-1976, art. 11, § 11.01, 1976)

CHAPTER 18.08. - DEFINITIONS

Sec. 18.08.010. - Definitions.

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory dwelling unit (ADU) means a room or suite of rooms constructed separately and detached from or adapted within or onto a one-family (i.e., principal) dwelling being an integral part thereof, and designed for the use and occupancy by a person or persons living independently from the one-family dwelling occupants. An accessory dwelling unit shall be subordinate to the principal dwelling unit.

Affordable housing means housing affordable to persons and families with moderate, low and very low incomes.

Alley means a public or private thoroughfare which affords only a secondary means of access to abutting property.

Apartment means a family unit contained in a multiple dwelling.

Block means all property fronting upon one side of a street, between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, dead-end street or subdivided land. An intercepting street shall determine only the boundary of the block on the side of a street which it intersects.

Boardinghouse means a building or portion thereof designed or used exclusively for residential occupancy other than a hotel or motel and where lodging and meals for three or more persons is provided for compensation.

Building means any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or property. Such structure shall be permanently attached to the real property at a fixed location or in the event of a manufactured home or manufactured housing, installed as required by state law such that the same is taxed as real property.

Building, accessory, means a subordinate building, including shelters of pools, the use of which is incidental to that of the main building on the same lot, or building site, but not including living quarters, and which may or may not require a permanent attachment to the ground. Such accessory buildings may include a construction shack, construction trailers and temporary office trailers.

Building, main, means a building which is designed for or in which is conducted the principal use of the lot or building site on which it is located.

Building official means the persons designated by the town manager of the town to inspect or enforce the housing, building or zoning provisions of this Code. The building official shall, for the purposes of this chapter, be supervised by the town manager.

Building site means a lot or parcel of land occupies or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this title and having frontage on a dedicated street or private road or highway.

Business, retail, means the retail sale of any article, substance or commodity within a building but not including the sale of lumber or other building materials.

Business, wholesale, means the wholesale handling of any article, substance or commodity, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance.

Combining district means any district in which the general district regulations are combined with those special districts provided for in this title for the purpose of adding additional special regulations.

District means a portion of the town within certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are set for buildings, all as set forth and specified in this title.

Dwelling means a building or portion thereof designed or used exclusively for residential occupancy, including one-family, two-family, three-family dwellings and apartments, multiple-family dwellings, but not including hotels, motels or boardinghouses and roominghouses.

Dwelling groups means a group of two or more detached or semidetached one-family, two-family or multiple-family dwellings occupying a parcel of land in one ownership and having any yard or court in common, but not including motels.

Dwelling, multiple-family, means a building or a portion thereof, used and designed as a residence for three or more families living independently of each other and doing their own cooking in the building, including apartment houses, apartment hotels and flats, but not including motels, boardinghouses and hotels.

Dwelling, single-family, means a building designed for or used to house not more than one family, including all necessary employees of such family.

Dwelling, two-family, or duplex means a building containing not more than two kitchens, designed or used to house not more than two families, living independently of each other, including all necessary employees of such family.

Existing structure means within the four walls and roofline of any structure that can be made safely habitable under local building codes at the determination of the building official regardless of any noncompliance with zoning standards.

Emergency shelter means housing, interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care, that is limited to occupancy of six months or less. No individual or household may be denied emergency shelter because of an inability to pay.

Family means one or more persons living together in a dwelling unit, with common access to and common use of all living, kitchen and eating areas within the dwelling unit.

Fence means any device forming a physical barrier by means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials.

Garage or carport means accessible and usable covered space of not less than ten feet by 20 feet per vehicle for storage of automobiles so located on the lot as to meet the requirements of this title for an accessory building, or if attached to the main building, to meet the requirements applicable to the main building.

Guesthouse means a detached living quarters of a permanent type of construction and without kitchens or cooking facilities, and where no compensation of any form is received or paid.

Height of building means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof, excluding elevator equipment rooms, ventilating and air conditioning equipment.

Home occupation means a use conducted on the premises by the occupant of the dwelling as a secondary use in connection therewith, and where there is no advertising signs, no display, no stock or commodity sold on the premises, no employees in connection therewith and no mechanical equipment designed to be used in connection therein, other than that necessary or convenient for domestic purposes.

Hotel means any building or portion thereof containing six or more guest rooms used, let or hired out for compensation, whether the compensation for hire to be paid directly or indirectly, such building or portion thereof having one principal entryway or entrance, and a lobby or other public room common to all guest rooms.

Junior accessory dwelling unit (JADU) means unit that is no more than 500 square feet in size and contained entirely within the walls of an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. For the purposes of life/safety regulations and providing utilities such as water, sewer, power, or other utilities, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

Junkyard means a lot or parcel used for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or wrecking of automobiles or other vehicles or machinery whether for sale or storage.

Local public utility use means poles, wires and cables for local distribution of utility services; telephone transmission and distribution poles, wires and cables; underground gas and water distribution pipes and electric distribution; and telephone distribution and transmission cables.

Lot means a building site.

Lot depth means the distance to the rear lot line measured along a normal to the front line of the lot taken at the midpoint of the street frontage.

Lot, exterior, means a lot, one side or a lot line of which separates the side from a street.

Lot, hillside, means a lot which, prior to grading, has an average slope of 15 percent or greater measured between the rear lot line and the front lot line, or between side lot lines; or a lot with a building site which lies at least 15 feet above or below the building site of any adjacent lot.

Lot, interior, means a lot, the side lot lines of which separate the sides from adjoining lots.

Lot line means a line separating the frontage from a street; the side from a street or adjoining property; the rear or side from an alley or street or adjoining property.

Lot line, exterior, means a lot line separating the side of a lot from a street.

Lot line, front, means the shortest dimension of a lot fronting on a street.

Lot line, interior, means a lot line separating the side of a lot from adjoining property.

Lot line, rear, means the lot line opposite or approximately opposite the front lot line.

Lot line, side, means any lot line not a front or rear lot line.

Lot, reverse frontage, means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot exclusive of the width of any alley and fronting on the street which intersects or intercepts the street upon which the corner lot fronts.

Lot, through, means a lot having frontage on two parallel or approximately parallel streets.

Lot width means one-half of the total width of the front and rear lot lines, measured at right angles to the depth.

Low-barrier navigation center means a temporary, service-enriched shelters to help homeless individuals and families quickly obtain permanent housing.

Manufactured home means a structure that was constructed less than 25 years before moving into the town, is transportable in one or more sections, is eight feet or more in width or 40 feet or more in length in the transportable mode, or, when erected on site, is 320 or more square feet in area, is built on a permanent chassis and designed to be used as a single-family dwelling, with or without a foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term "manufactured home" includes any structure that meets all of the requirements of this section except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 USC 5401 et seq.) or the most recent version, whichever is newer.

Manufactured home park means land or premises used or intended to be used, let or rented for occupancy by one or more trailers, movable dwellings, rooms or sleeping quarters of any kind including trailer courts and manufactured home parks.

Motel means a group of attached or semi-attached buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building; each room or unit with garage attached or parking conveniently located close by on the lot, and which is designed, used or intended wholly or in part for the accommodation of transients and including auto court, motor court, motor lodge and motor hotel.

Nonconforming use means a use that does not conform to the regulations for the district in which it is situated.

Office means a business establishment for rendering of service or administration, but not including retail sales.

Parking lot means any land used or intended to be used or provided for the parking of automobiles by any person whether for hire or to meet the off-street parking space requirements of this title.

Parking space means an accessible and usable space on the building site, or adjacent lot, at least nine feet by 20 feet, for parking of automobiles.

Passageway means a pathway that is unobstructed clear to the sky and extends from a street to an entrance of the accessory dwelling unit.

Professional office means an office for the conduct of any one of the following uses: accountant, architect, attorney, chiropractor, clergyman, dentist, doctor, engineer, optometrist, podiatrist, physical therapist, social worker, surveyor, and other similar uses which in the opinion of the planning commission meet the criteria implicated in the preceding designations; but not advertiser, barber, cosmetologist, contractor, pest control, pharmacy, private investigator, veterinary or

other service establishment.

Public utility offices means offices for business records and administration of public utilities.

Public utility service uses means electric transmission substations and transmission lines, service yards and field operating centers, and gas storage holders.

Public utility substations means communications equipment, buildings, electric distribution substations, public utility pumps, wells and valve stations.

Residential care facility, large means any family home or group care facility serving seven or more persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities pursuant to Health and Safety Code § 1568.0831 and the definition of "family" as provided in this section.

Residential care facility, small means any family home or group care facility serving six or fewer persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual, excluding jails or other detention facilities pursuant to Health and Safety Code § 1568.0831 and the definition of "family" as provided in this section.

Resort means any development of property for public or private recreational use by ten or more owners purchasing interests in the property with no present intention to resell or otherwise dispose of the interest for value.

Rest home means any premises licensed under section 2300 or any replacing section of the Welfare and Institutions Code.

Roominghouse means a building or portion thereof designated or used exclusively for residential occupancy other than a hotel or motel and where lodging for three or more persons is provided for compensation.

Sanitarium or rest home means a health station or permanent retreat or other place where patients are housed, and where treatment is given, but excluding mental institutions or institutions for treatment of persons addicted to the use of drugs or alcohol.

School means a public, private or parochial general educational institution but does not include a school devoted to instruction in particular crafts or skills such as dancing, business colleges, beautician and barber schools.

Setback lines means lines established by this title to govern the placement of buildings or structures with respect to lot lines, streets or alleys.

Side and front of corner lots means the narrowest frontage of a corner lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which the dwelling faces.

Signs means any advertising, informational or directional display or structure.

Single room occupancy unit (SRO) means housing units that are restricted to occupancy by no more than two persons and may include a kitchen and/or a bathroom, in addition to a bed. The net area of an SRO unit may range from a minimum of 150 square feet to a maximum of 400 square feet.

Street means a public thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane boulevard, highway, road, and any other thoroughfare except an alley as defined in this chapter.

Street line means the boundary between a street right-of-way and property.

Structure means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including swimming pools, but excluding driveways, patios or parking spaces.

Structural alterations means any change in the supporting members of a structure, such as bearing walls, columns, beams or girders.

Supportive housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Trade school means a private educational facility devoted to instruction in particular crafts, trades or skills such as dancing, business colleges, beautician and barber schools, radio and television schools.

Transitional housing means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

Use means the purpose for which land or a building is designated, arranged or intended or for which either land or building is or may be occupied or maintained.

Use, accessory, means a use incidental or subordinate to, and devoted exclusively to the main use of a lot or building located on the same lot.

Yard means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in this title.

Yard, front, means a yard extending across the front of the lot between the side lot lines and measured from the front line of the nearest line of the building; provided, however, that if any official plan line has been established for the street upon which the lot faces, the front yard measurement shall be taken from such official plan line to the nearest line of the building.

Yard, rear, means a yard extending across the full width of the lot and measured between the rear line of the lot and nearest line of the main building.

Yard, side, means a yard between the side line of the lot and the nearest line of the building and extending from the front yard of the lot to the rear yard.

(Code 1987, §§ 18.08.020—18.08.710; Ord. No. 26-1976, art. 13, § 13.02(a)—(qqq), 1976; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)